THE PRACTICAL RECOMMENDATIONS FOR THE IMPLEMENTATION OF ADVANCE PASSENGER INFORMATION SYSTEM (API / PNR) WITH THE AIM TO USE SUCH SYSTEM AS A COUNTERACTING CROSS-BORDER THREATS TOOL

The practical recommendations for the implementation of Advance Passenger Information System (API / PNR) were described in the article with the aim to use such system as a counteracting cross-border threats tool. The national approaches to the legal regulation of API / PNR data collection, storage and processing data on air passengers are analyzed. Since there is no complete system for processing Advance Passenger Information in Ukraine and currently it is possible only to check API information through national databases, tactical tasks for the system implementation in Ukraine have been identified based on a foreign experience review. It is argued that the implementation of such a systems will assist to ensure more effective and reliable protection of border security, in particular: helps to improve border control and increase the effectiveness of the fight against terrorism, organized crime, as well as facilitates to regulate migration; allows to reduce the workload of border control officers through the use of technology and automated means; improves people’s perception of security and facilitates more comfortable and smooth border crossing for law-abiding passengers; complements the procedures for checking documents and data (checking passports according to databases). The order of actions for system implementing is proposed. It is includes: development of needs and goals, determination of basic parameters of the national system, regulation of legal support for the functioning of the system (legal guarantees of personal data protection, legal base of data collection, exchange and processing), establishing of interagency cooperation mechanism.

Naufragés japonais et leur rôle dans les relations nippo-occidentales: Défis d’une étude globale

Between 1633 and 1639, the Tokugawa shogunate had published a series of edicts, expelling all Westerners except the Dutch from the country, curtailing international commerce and missionary activities, as well as forbidding the Japanese from ever leaving their homeland. The Edo government maintained its isolationist course with varying degrees of success for more than two hundred years, finally caving in under foreign pressure in the latter half of the nineteenth century. Although the border control was exceptionally strict, small merchant craft and fisherman boats were still navigating between the islands of Japan. The sailors could rarely find a way back home after a shipwreck. Saved by passing whalers or washed ashore in a distant land, some of them survived their ordeal and ended up in the West where they were often employed as guides, interpreters and language teachers. Several countries sent diplomatic missions to Japan, using repatriation of castaways as a pretext to open negotiations with the shogunate. In this article, we will try to deconstruct the history of the relations between Japan and the Western powers through the eyes of these castaways and identify several methodological challenges that such a research entails.

Internal Border Control in the Schengen Area and Health Threats: Any Lessons from the COVID-19 Pandemic?

The COVID-19 pandemic has exacerbated the Member States’ overreliance on the rules of the Schengen Borders Code allowing for temporary reintroduction of border control and has questioned the institutional narrative of an EU-wide borderless area as a key achievement of the integration process. This article focuses on the legal implications of the border measures enacted by the Member States following the COVID-19 outbreak and discusses their compatibility with relevant EU law, also in the light of available epidemiological studies on the link between border controls and spread of the virus. The analysis contends that the pandemic has offered an unprecedented opportunity to pave the way to shared solutions to the enduring crisis of the internal dimension of the Schengen area, such as a detailed reform of the Schengen Borders Code and a reconsideration of the current governance of the Schengen area itself.

Forest, forest, forest. Sometimes we sleep. Walking, sleep, walking, sleep. It’s dangerous on this way

Hidden migrant routes through Croatia lead through forest areas (among other types of terrain) which include those along state borders, but also forests in the interior of the territory. Those forests can variously be seen as shelters for migrants, albeit harsh, or as green tunnels leading to desired destinations, and as scenes of suffering and violence. This article approaches the forests in question as landscapes that have been transformed from a neutral natural environment into active factors for creating and maintaining border control regimes and deterring and expelling unwanted migrants. Based on our long-term field research and publicly available (archival, media and other) sources, we seek to document, interpret, and interconnect the objects and practices involved in constructing the forest as a hostile terrain and perilous environment for migrants, and as an important element in controlling unwanted migrations. These are, on the one hand, objects and practices that intervene into forests, such as setting up cameras or cutting down trees, and, on the other, interventions that take place in forests, such as police interception or expulsion. Apart from these external interventions, in this context of remodeling forests into dangerous environments, one can also discuss the role of nature itself and its characteristics, as well as the causes of why migrants find themselves in nature in the first place. Although, at first glance, it seems that people on the move choose the forest as the place and route of their movement of their own volition, they are pushed and expelled into these forests by exclusionary policies (visa regimes, asylum systems, etc.). This, ultimately, classifies forests in Croatia as weaponized landscapes of exclusion and death, such as the desert (e.g., De León 2015), mountain (Del Biaggio et al. 2020), maritime (e.g., Albahari 2015) or archipelago (Mountz 2017) landscapes

Limits at the Limes. Diffracted Sovereignty inside the Border Zones

This paper questions state sovereignty at borders, by referencing the contradictions that a border control approach based upon security concerns creates, and the distortions between societies of norms and situations of exception that the European migration and asylum policies generate. Meanwhile, whilst sovereignty should correspond in a legal theory perspective to authority, its expressions manifested in the European borders consists essentially in domination as bare violence is deployed. By investigating the hiatus between how sovereignty ought to be in theory and how it is observed in practice, it is possible to consider that the very sovereignty is diffracted in the thickness of the frontiers (i). This paper explores the methods states develop directly or indirectly in the borders, inside the border zones, basing the analysis on the notion of heterotopia Michel Foucault forged. Such a conceptual tool is deployed in order to underscore how states construct and exploit frontiers as useful margins and establish them as dissolution zones. Three methods – extraction, classification and obliteration – are highlighted that correspond to the main purposes of border surveillance – control, selection and removal – (ii).

INTEGRATED BORDER MANAGEMENT AS A VECTOR TO COMBAT ILLEGAL IMMIGRATION IN MOZAMBIQUE

This research intends to understand how an integrated border management can contribute to combat illegal immigration in Mozambique, and the evils that come from this irregular entry, as well as the related crimes associated with it. Taking into account the sad events perpetrated by the terrorists in Cabo - Delgado, which has a participation of foreign citizens, it is assumed that some of these citizens have entered illegally or enticed the border authorities to enter Mozambique through illegal means, therefore, it is interesting to understand how the management and control of borders is carried out. It is important to understand how the Mozambican authorities have managed the phenomenon of illegal immigration, even recognizing that some of the borders are porous. The permanent articulation with the various forces involved in border control, in ways that each one of them appropriates illegal immigration, may be the horizon to follow, so that there is no violation of borders, preserving national sovereignty, as efficiency and the effectiveness of the different sectors involved in the border process, can be achieved as long as the different entities that control the border carry out their activities in a coordinated manner, allowing for an ever-increasing flow of commercial transactions. The research is bibliographical, qualitative, using the technique of direct observation, and data provided by the General Directorate of Migration of Mozambique. Keywords: border management, illegal immigration, related crimes, Mozambican Legal Framework